The High Court of Kerala allowed an application for anticipatory bail. The petitioner, accused in an offence under Sections 418 and 420 IPC, had complied with a prior direction to appear for interrogation. The court granted bail subject to conditions.
Bail granted on security of Rs. 10,000 with two solvent sureties for the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933
Bail Appl..No. 5238 of 2011() ----------------------------CRIME NO.305/2011 OF ADOOR POLICE STATION
PETITIONER/ACCUSED NO.1 --------------------------------
GEORGE KUTTY, AGED 66 YEARS, S/O.KUNJUKUNJU, G.K.COTTEGE, VADAKKADATHUKAVU, ADOOR TALUK.
BY ADV. SRI. K.SHAJ
RESPONDENT(S): STATE
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.V.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5238 of 2011
Dated this the 20th day of July, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.305 of 2011 of Adoor Police Station, Pathanamthitta District.
BA 5238/2011
2
7.7.2011, the following order was passed :
“4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The petitioner shall produce a copy of this order before the investigating officer.”
BA 5238/2011
3
There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions :
BA 5238/2011
4
The Bail Application is allowed to the extent indicated
above.
K.T.SANKARAN
JUDGE
csl
BA 5238/2011
5
K.T.SANKARAN, J.
B.A.No.5238 of 2011
Dated this the 7th day of July, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.305 of 2011 of Adoor Police Station, Pathanamthitta District.
BA 5238/2011
6
Code of Criminal Procedure. Accordingly, the crime was registered.
case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 15.7.2011.
The petitioner shall produce a copy of this order before the
BA 5238/2011
7
investigating officer.
K.T.SANKARAN
JUDGE
csl
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner who complied with a direction to appear before the investigating officer.
What are the conditions for granting bail in case of arrest for offences under Sections 418 and 420 IPC.
2 provisions across 2 enactments
George Kutty
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
